Annual Technical Report on Trademark Information Activities in 2021 submitted by the Federal Service for Intellectual Property (Rospatent)
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I. GENERAL OVERVIEW OF RECENT DEVELOPMENTS IN TRADEMARK INFORMATION ACTIVITIES CARRIED OUT BY THE OFFICE
Information on the following topics is desired:
- Outline of main policies and plans aimed at development of trademark information activities and expected time frames for their realization
Annual Report 2021 (AR) https://rospatent.gov.ru/content/uploadfiles/otchet-2021-en.pdf
AR par.5.1, pp.79
Goals, objectives and plans of the Federal Service for Intellectual Property are published on the website of Rospatent in the section "Plans" (in Russian): https://rospatent.gov.ru/ru/about/plans.
- New projects launched or resumed this year in the context of the policies and plans mentioned above, short description: aims, partners, tasks
AR par.5.1, pp.80-81
- Main areas of trademark information activities and related information and communication technology (ICT) practices which were in the focus of attention last year
AR par.5.1, p.80
- Statistics: changes in terms of application filings and registrations with respect to previous year; trends or areas experiencing rapid changes
AR par.1.2, pp.13-16
- Other matters and useful links (URLs): annual report of the Office, news page, statistics, etc.
Annual Report 2021 https://rospatent.gov.ru/content/uploadfiles/otchet-2021-en.pdf
Rospatent facts & figures 2021 (short report) https://rospatent.gov.ru/content/uploadfiles/annual-report-2021-short-version-en.PDF
News: https://rospatent.gov.ru/en/news
The following pages of the Office’s website contain:
- Legal information in the Trademarks, Service Marks, and Appellations of Origin section - Regulation section (in Russian):
- Information notices in the Trademarks, Service Marks, Geographical indications and Appellations of Origin section (in Russian):
https://www.fips.ru/to-applicants/trademarks/
II. SERVICES AND ACTIVITIES RELATED TO TRADEMARK INFORMATION CARRIED OUT BY THE OFFICE
Information on the following topics is desired:
- Information and support provided by the Office to applicants regarding filing on paper and/or e-filing (instructions, seminars, etc.) - URLs
AR pp. 91 «Information Services Provided on the Basis of SPC»
The web page addresses of the Office websites providing information on filing applications are as follows:
- Users of the FIPS website have access to user and technical documentation on setting up and operating an electronic application filing service for registering trademarks and service marks, and electronic correspondence:
http://new.fips.ru/podacha-zayavki/podacha-zayavki-na-tovarnyy-znak/
- State registration of trademarks, service marks, and collective marks, and the issuance of certificates for trademarks, service marks, and collective marks, and duplicates thereof:
- Recognition of a trademark, or a designation used as trademark, as a well-known trademark in the Russian Federation:
- Access to documents of applications for State registration of trademarks, service marks, and collective marks, and issuance of copies of such documents:
- section "Forms of documents":
https://rospatent.gov.ru/ru/documentforms;
- Filing Applications section "Filing an application for an invention, utility model, GI, trademark, appellation of origin":
http://new.fips.ru/podacha-zayavki/
- Fees section: https://rospatent.gov.ru/ru/activities/dues
- Fee calculator: https://www.fips.ru/podacha-zayavki/kalkulyator-poshlin/index.php;
- Frequently Asked Questions section:
https://rospatent.gov.ru/ru/faq/chto-takoe-tovarnyy-znak-i-znak-obsluzhivaniya
- Availability of the application dossier in electronic form
Within the framework of the electronic document management system for trademarks, access is provided to the primary materials of applications received in paper and / or electronic form, lists of goods and / or services, designations applied for registration, bibliographic data on applications and versions of documents - incoming and outgoing correspondence signed with an electronic signature.
- Matters concerning classifying
- Classification and reclassification activities; classification systems used, e.g., International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification), International Classification of the Figurative Elements of Marks (Vienna Classification), other classification
https://rospatent.gov.ru/en/products_services/classifications
AR par.4.5, pp.67- 68
- Use of electronic classification systems and pre-defined terms of the classification applied
Since 2011, a procedure has been used for automatic electronic classification of the figurative elements of the input stream of images of national trademarks and Madrid applications received from the WIPO International Bureau under the sixth edition of the International Classification of Figurative Elements (Vienna Classification) of Trademarks. This became possible in 2006 when the SILOIZ system of linguistic description and similarity search in figurative elements was introduced, which is a sub-system of the automated system entitled Trademarks in force in the Russian Federation (АS TM RF).
The results of classification as an additional service are provided to experts when examining claimed trademark designations.
- Classification and reclassification activities; classification systems used, e.g., International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification), International Classification of the Figurative Elements of Marks (Vienna Classification), other classification
- Matters concerning processing of different types of non-traditional marks (e.g., three-dimensional, motion, hologram, color mark, etc.)
The Trademarks and Registration Division participates in the regulatory and method-related settlement of issues in the examination of applications for registration of non-traditional trademarks, and the publication of corresponding information. Moreover, information received through Rospatent’s involvement in the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications is widely used.
- Other activities
III. SOURCES OF TRADEMARK INFORMATION PROVIDED BY THE OFFICE
Information on the following topics is desired:
- Main types of publications in the field of trademark information, outline of the content and medium (on paper, on CDs, online - URLs)
The following web pages of the Office’s websites provide information concerning Office publications:
- Official Publications section:
https://new.fips.ru/publication-web/?lang=en
https://www1.fips.ru/publication-web/bulletins/UsrTM?lang=en
- Patent Information Products section:
https://rospatent.gov.ru/en/products_services/patent_information_products
- Official Gazettes: main types of announcements, frequency of publication, medium (on paper, on CDs, online, URL), etc.
In 2021 the following types of notifications on national and international trademark registrations are published.
The forms of notifications on trademarks published in the Rospatent Official Gazette, Trademarks, Service Marks and Appellations of Origin, are listed below (national registration):
- Change in the denomination, first name, surname or patronymic of a rights owner and/or place of business or residence;
- Change of correspondence address;
- Reduction of the list of goods and/or services for which a trademark is registered, for the information of the rights owner;
- Change to the individual elements of a trademark, which do not alter its essential features;
- State registration of an agreement on alienation of the exclusive right in a trademark for all goods and/or services;
- State registration of an agreement on alienation of the exclusive right in a trademark for part of the goods and/or services;
- Segregation of the separate registration of the trademark
- Changing the range of persons having the collective sign right of use
- Acknowledgement of the trademark’s being well-known in the Russian Federation
- Replacement the national registration with international one
- Replacement the national registration with international one for separate classes
- Converting trademark to collective mark
- Converting collective mark to trademark
- Termination of the trademark legal protection due to the trademark exclusive right expiration
- Fully invalidated trademark protection
- Partially invalidated trademark protection
- Full early trademark protection termination
- Partial early trademark protection termination
- Trademark exclusive right term extension
- Granting a trademark certificate copy
- State registration of trademark exclusive rights transfer without a contract
- State registration of trademark exclusive rights pledge (subsequent pledge) under contract
- State registration of trademark right of use granting under contract
- State registration of changes concerning trademark exclusive rights under contract alienation
- State registration of changes concerning trademark right of use under contract granting
- State registration of changes in the contract
- State registration of changes concerning trademark exclusive rights pledge (subsequent pledge) under contract
- State registration of trademark right of use under contract termination
- State registration of the contract termination
- State registration of the trademark exclusive rights pledge (subsequent pledge) under contract termination
- Correcting the obvious and technical errors in the entries of the State Register of Trademarks and Service Marks of the Russian Federation and/or in the bulletin publications
- Other changes related to registered trademarks
Forms of notification on international registrations:
- State registration of granting trademark right of use protected in the Russian Federation due to international registration, under contract
- State registration of pledge (subsequent pledge) of trademark exclusive rights protected in the Russian Federation due to international registration, under contract
- State registration of changes concerning granting trademark right of use protected in the Russian Federation due to international registration, under contract
- State registration of changes in the contract
- State registration of changes concerning pledge (subsequent pledge) of trademark exclusive rights protected in the Russian Federation due to international registration, under contract
- State registration of termination the trademark right of use protected in the Russian Federation due to international registration, under contract
- State registration of the contract termination
- State registration of termination of the pledge (subsequent pledge) of trademark exclusive rights protected in the Russian Federation due to international registration, under contract
- Correction of obvious and technical errors in Gazette publications relating to notifications concerning trademarks protected in the Russian Federation by virtue of international registration;
- Other changes relating to registered trademarks protected in the Russian Federation by virtue of international registration.
The addresses of web pages of the Office’s site providing access to online publications:
- “Trademarks - Official Bulletins” in the “Official Publications” section:
https://www.fips.ru/publication-web/bulletins/UsrTM
- International Classification for Goods and Services:
https://www.fips.ru/publication-web/classification/mktu?view=index
- Open Registers of Russian Patent Documents (in Russian):
https://www.fips.ru/registers-web/
From the above page, a user may refer to the following resources by means of the appropriate link:
Register of Trademarks and Service Marks of the Russian Federation
Register of Trademarks Well Known in the Russian Federation
Register of geographical indications and Appellations of Origin of the Russian Federation
Register of International Trademarks
Register of the Russian Federation Trademark and Service Mark Registration Applications
Register of Applications for the Registration of Appellations of Origin of the Russian Federation
- Information products (coverage, medium, etc.) available to examiners, including external documentation and databases
When examining the claimed designation as part of the process of forming an expert opinion, examiners use the TM RF automated system sub-system, enabling them to analyze and select search results by the similarity of verbal and figurative elements of marks, and prepare reports on the results. The search results are generated automatically thanks to intelligent indexing, and search instructions prepared by a group of search-engine specialists using the QSS sub-system of the RF TM automated system which was introduced in 1989 to search for similar verbal elements of marks, and using the SILOIZ sub-system of the RF TM automated system which was introduced in 2006 to search for similarities in the figurative elements of marks.
In addition, to examine trademarks an opportunity is provided to analyze information on the figurative elements of marks, both under the codes of the Vienna Classification, searching for data under the classifier’s headings, and also by the results of a search for similarity in figurative elements of marks in the sub-system of linguistic description and search for similarity in mark images, SILOIZ, search result volumes of which are orders of magnitude smaller.
In the course of work relating to the processing of applications and examination of designations claimed for registration as a trademark, examiners use the following databases and auxiliary tools available from external sources:
-ROMARIN (WIPO)
-Manager of Goods and Services/MGS (WIPO)
-Madrid Real-Time Status/MRS (WIPO)
-Madrid Portal for National Offices/MOP (WIPO)
-TMVIEW, TMCLASS (EUIPO)
- Information products (coverage, medium, etc.) and services available to external users; conditions of access (e.g., free of charge, subscription, etc.)
AR par.5.3.2 – 5.3.5, pp. 84-88
AR par.4.5, p.67
The addresses of web pages of the Office’s site containing information on information products and services provided by the Office:
- Information on subscribing to patent information products – in the Patent Information Products section: Catalog of Publications and Databases (in Russian):
https://www.fips.ru/vse-uslugi/patentno-informatsionnye-produkty
- Trademarks, Service Marks and Appellations of Origin Official Gazette in the Official Publications section:
https://www.fips.ru/publication-web/bulletins/UsrTM
- how to carry out a search – in the Search System section:
https://www.fips.ru/en/informational-resources/information-retrieval-system/
Information on how to access and use resources – in the Search System section:
- Instructions for Using Internet resources of FIPS (in Russian):
https://www.fips.ru/upload/medialibrary/Doc_Content/guide-ips.pdf
- Support (in Russian):
- Legal status information (kind of information, coverage, medium, etc.)
On the FIPS website, users can have access to the information about the legal status of trademarks, which is updated daily.
Moreover, in the Оpen registers of trademark registration applications, information on the stage of prosecution of applications is provided, which is updated daily. Data on statuses are generated on the basis of RF TM automated prosecution system data.
Information on the legal status of trademarks is published in Rospatent’s Official Gazette, Trademarks, Service Marks and Appellations of Origin, posted on the FIPS website.
- Other sources
IV. ICT SUPPORT TO SERVICES AND ACTIVITIES RELATED TO TRADEMARK INFORMATION CARRIED OUT BY THE OFFICE
Information on the following topics is desired:
- Specific software tools supporting business procedures within the Office: general description, characteristics, advantages, possible improvements
In order to prevent the spread of COVID-19, the Office’s experts have been teleworking with the access to the Rospatent/FIPS automated systems.
The software and hardware complex allows the Patent Disputes Chamber to remotely review requests and objections submitted by regions residents. Participation in the hearings is provided through the browser and does not require the installation of additional software for external participants.
- Hardware used to supporting business processes of the Office
Fujitsu M10-4S server
(RAM – 64GB, processors – 16, external memory – 20 TB)
HP DL380 server – 26 units
(RAM – 4GB, processors - 2, external memory – 200 GB)
Server HP DL580 – 8 units
(RAM – 16GB, processors - 4, external memory - 600 GB)
HP, IRBIS workstations - 585 units.
Software:
Solaris, Windows XP, Windows 7, Windows 2003 Server, Windows 2008 Server, Windows 2012 Server operating systems.
Carriers used:
LTO-7 magnetic tapes.
- Internal databases: coverage, updates, interlinks with external sources
The search arrays of the AS "TM RF" system include applications and registrations (national and international), well-known trademarks.
AR par.5.3.2, p.85
- Establishment and maintenance of electronic search file: file building, updating, storage, documents from other offices included in the search file
For searches of verbal and figurative elements of trademarks, an automated search subsystem of the Automated System, Russian Federation Trademarks, is used (RF TM). Special search images are intelligently prepared, and automatically indexed by algorithms. In order to examine a claimed designation, intelligently-prepared, special search instructions are generated to search for similar verbal and figurative elements of marks, packaged by date of completion of the formal examination. The search instructions are run on the server, and the examiners are provided with the search results for analysis and selection in a special interface of reference documents.
Work is carried out daily on the upkeep of the search arrays in the search subsystems of the TM RF automated system to search for similar verbal (QSS subsystem) and figurative elements (SILOIZ subsystem) of trademarks for the purposes of examining the claimed designation.
The search array contains all the marks received by Rospatent from 1924 to the present day, including ‘Madrid’ registrations. Searches of the complete array of marks are carried out. Marks are grouped by category in the list of search results.
The search file is updated on a daily basis as incoming applications and constituent elements of marks are processed. Verbal and figurative search elements to be searched are stored on separate servers.
The documents of other Offices are not included in the search arrays.
- Administrative management electronic systems (register, legal status, statistics, and administrative support)
AR par.5.1, pp. 79-80
At the Office, the following document prosecution systems are used for information on trademarks:
- AS (automated system) "TM RF" - the prosecuting on applications for trademarks and appellations of origin.
- AS BBD "Prosecutions of TМ registrations" - the prosecution of requests received following registration of a trademark (e.g. extension, change of owner or termination of validity).
- The Madrid Paperless Prosecutions of International Registrations automated system.
- TM-ADMIN, the electronic document flow system for registering and handling documents, including scanning, recognition and data entry procedures, document consideration processes, and preparing and sending outgoing correspondence.
- The electronic trademark application filing service, AWP Registrar, is intended for the filing of trademark applications and electronic correspondence with applicants from the applicant’s personal area, and to provide the processes for exchanging electronic documents between applicants and the Office. It functions using a means of cryptography and electronic signatures, and is integrated into the hardware and software environment of the automated system for paperless prosecution of trademark applications, TM-ADMIN.
- The "Personal account" service on the FIPS website is intended for electronic correspondence relating to paper applications, and for a number of documents submitted electronically which require original documents to be submitted with hard-copy signatures.
- Electronic exchange of data with WIPO on the international registration of trademarks is carried out using MECA technology and WIPO Standard ST.66. Decisions on preliminary and final refusal are sent to WIPO electronically.
- The Electronic State Register of RF Trademarks and Service Marks, and the electronic list of trademarks well known in the Russian Federation (ESR). Each entry in ESR is signed with the electronic signature of the in-putter, which allows the signatory to be identified and his/her authority to be verified at the time of signing.
- Other matters
V. PROMOTION ACTIVITIES AIMED TO SUPPORT USERS IN ACCESS AND EFFICIENT USE OF TRADEMARK INFORMATION
Information on the following topics is desired:
- Office's library (if deals with trademark information): equipment, collection management, network of libraries in the country, cooperation with foreign libraries
https://new.fips.ru/en/about/vptb/
https://rospatent.gov.ru/en/activities/russian_patent_library
AR par.5.4, pp. 88-91
- Publications related to different business procedures and trademark information sources available to users, for example, books, brochures, Internet publications, etc.
The Rospatent facts & figures 2021, which contains statistical and analytical materials reflecting the main outcomes of the activities of Rospatent and subsidiary organizations in 2021, as well as plans for development of the intellectual property sphere, is published in the “Electronic Brochures” section.
https://rospatent.gov.ru/en/reports2021
In the "Electronic brochures" section you can download practical manuals on the protection and use of trademarks and appellations of origin (in Russian).
https://rospatent.gov.ru/ru/sourses/publications
Internet publications from the All-Russian Patent and Technical Library available on the FIPS website in the State Patent Collection and Library Information Products sections at:
https://new.fips.ru/en/about/vptb/vptb-information-products.php
In the Official Publications section of the FIPS website, information is posted on a daily basis on current registrations of trademarks, service marks, appellations of origin, well-known trademarks, as well as notifications regarding amendments to the State Register of Trademarks:
In the Trademarks, service marks, appellations of origin section, the following guidelines can be found on various examination and prosecution issues:
https://fips.ru/to-applicants/trademarks/metodicheskie-rekomendatsii.php
- Cooperation with universities, technology and innovation support centers, etc.
AR par.3.3, pp. 54-58
AR par.6.3, p. 106
- Education and training: training courses, e-learning modules (URLs), seminars, exhibitions, etc.
AR par.7.4, p.117
AR par.6.2-6.3, pp.102-111
The following web pages of the Office’s site contain information about training, seminars and conferences:
- "Scientific Conferences" section
https://www.fips.ru/en/about/scientific-conferences/
- the "Training. Advanced professional training. Retraining" section (in Russian):
https://www.fips.ru/about/deyatelnost/obuchenie/materials-video-training.php
- Training videos (in Russian):
https://rospatent.gov.ru/ru/sourses/multimedia/video#training-video.
- Plan of thematic meetings of the employees of Rospatent and FIPS with representatives of the business community dedicated to acquaintance with the new by-laws for 2021 (in Russian):
- Other activities
VI. INTERNATIONAL COOPERATION ACTIVITIES IN THE FIELD OF TRADEMARK INFORMATION
Information on the following topics is desired:
- International exchange of trademark information in machine-readable form (e.g., Official Gazettes)
AR p.90
- Participation in international or regional activities and projects related to trademark information
AR par.4.5, p.65
- Assistance to developing countries
- Other activities
VII. OTHER RELATED MATTERS
- Section "International Cooperation" on the website of the Office:
https://rospatent.gov.ru/en/activities/international_cooperation
- Subsection "Madrid System of International Registration of Marks":
https://rospatent.gov.ru/en/activities/international_cooperation/madrid